Normative Consent and Authority

In his recent book Democratic Authority, David Estlund defends a strikingly new and interesting account of political authority, one that makes use of a distinctive kind of hypothetical consent that he calls ‘normative consent’: a person can come to have a duty to obey another when it is the case tha...

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Bibliographic Details
Published in:Journal of moral philosophy
Main Author: Koltonski, Daniel (Author)
Format: Electronic Article
Language:English
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Published: Brill 2013
In: Journal of moral philosophy
Year: 2013, Volume: 10, Issue: 3, Pages: 255-275
Further subjects:B David Estlund
B Consent
B Political Authority
B normative consent
B Political Obligation
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Summary:In his recent book Democratic Authority, David Estlund defends a strikingly new and interesting account of political authority, one that makes use of a distinctive kind of hypothetical consent that he calls ‘normative consent’: a person can come to have a duty to obey another when it is the case that, were she given the chance to consent to the duty, she would have a duty to consent to it. If successful, Estlund’s account promises to provide what has arguably so far remained elusive: the basis for the authority of suitably democratic laws. In this paper, I argue that, despite its promise, the account Estlund develops is, in a crucial respect, incoherent: the principle of normative consent that he offers relies on a claim about a hypothetical situation, but the hypothetical situation at issue is one that, according to the principle itself, is morally impossible.
ISSN:1745-5243
Contains:Enthalten in: Journal of moral philosophy
Persistent identifiers:DOI: 10.1163/174552412X628887